Attorneys for the operator said the business was protected by Florida's 1960s-era game promotion statute, which allows businesses to offer games of chance as promotional or marketing tools. To date not one sweepstakes game operator has been successfully prosecuted in any Florida jurisdiction, attorneys said.

Marceau's case received some notoriety last year after it was learned that Mayor John Mazziotti had phoned city police to urge them to avoid the negative publicity that would result from a raid or shutdown.

The Palm Bay mayor's phone call became controversial because it raised questions of improper influence or interference with law enforcement. The mayor reportedly told police that any raids would hurt his reelection chances.

Subsequent police statements on the matter implied that an FBI investigation could be underway into the mayor's actions. The FBI declined to comment.